Subjects -> LAW (Total: 1397 journals)
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    - JUDICIAL SYSTEMS (23 journals)
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JUDICIAL SYSTEMS (23 journals)

Showing 1 - 15 of 15 Journals sorted alphabetically
American Business Law Journal     Hybrid Journal   (Followers: 23)
Australian Journal of Maritime and Ocean Affairs     Hybrid Journal   (Followers: 7)
Berkeley Journal of Middle Eastern & Islamic Law     Open Access  
Court Review : The Journal of the American Judges Association     Open Access   (Followers: 1)
De Jure: Jurnal Hukum dan Syar'iah     Open Access   (Followers: 1)
European Journal of Health Law     Hybrid Journal   (Followers: 7)
Industrial Law Journal     Hybrid Journal   (Followers: 29)
International Comparative Jurisprudence     Open Access   (Followers: 2)
Judicature     Full-text available via subscription   (Followers: 3)
Justice System Journal     Hybrid Journal   (Followers: 5)
Justicia Islamica     Open Access  
Medical Law Review     Hybrid Journal   (Followers: 26)
Washington University Jurisprudence Review     Open Access   (Followers: 3)
Windsor Yearbook of Access to Justice     Open Access   (Followers: 3)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 20)
Similar Journals
Journal Cover
Industrial Law Journal
Journal Prestige (SJR): 0.249
Citation Impact (citeScore): 1
Number of Followers: 29  
 
  Hybrid Journal Hybrid journal (It can contain Open Access articles)
ISSN (Print) 0305-9332 - ISSN (Online) 1464-3669
Published by Oxford University Press Homepage  [419 journals]
  • Should ‘Gender Critical’ Views about Trans People Be Protected as
           Philosophical Beliefs in the Workplace' Lessons for the Future from
           Forstater, Mackereth and Higgs

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      Authors: Cowan S; Morris S.
      Pages: 1 - 37
      Abstract: AbstractSome Employment Tribunal claims brought under the Equality Act 2010 (EqA) involve situations where a person’s protection from discrimination on the grounds of a protected characteristic—such as sex, sexual orientation or gender reassignment—comes into conflict with the rights of others, such as, for example, the right to freedom of expression or the right to manifest religion or belief under the European Convention of Human Rights (ECHR), or the protection from discrimination on the ground of religious or philosophical belief under the EqA itself. This article provides a critical account of the application of discrimination law in the recent cases of Forstater, Mackereth and Higgs, looking in particular at the application of the Grainger criteria, as well as relevant human rights provisions. Specifically, we offer an analysis of recent cases where claimants have alleged unlawful discrimination relating to ‘gender critical’ views about transgender people (and sex/gender more broadly), which they argue constitute protected religious and/or philosophical beliefs. We argue that while it is necessary that the courts maintain a flexible approach when applying discrimination and human rights law, it is vital that coherent equality principles are applied consistently when reconciling and balancing conflicting rights. This is particularly important in the context of discrimination and human rights, where there is an ongoing debate about the extent to which trans peoples’ rights are adequately protected and whether protecting such rights infringes the rights of others.
      PubDate: Fri, 25 Feb 2022 00:00:00 GMT
      DOI: 10.1093/indlaw/dwac002
      Issue No: Vol. 51, No. 1 (2022)
       
  • A Critical Analysis of the Mauritius Workers’ Rights (Working from Home)
           Regulations 2020 in the Wake of COVID-19

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      Authors: Beebeejaun A; Gunputh R.
      Pages: 174 - 193
      PubDate: Mon, 03 Jan 2022 00:00:00 GMT
      DOI: 10.1093/indlaw/dwab036
      Issue No: Vol. 51, No. 1 (2022)
       
  • Walter Citrine. Forgotten Statesman of the Trades Union Congress

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      Authors: Zahn R.
      Pages: 223 - 225
      Abstract: Walter Citrine. Forgotten Statesman of the Trades Union Congress by MoherJim [JGM Books, 2021, pp xxii + 377, ISBN 978 09557 107 28]
      PubDate: Mon, 03 Jan 2022 00:00:00 GMT
      DOI: 10.1093/indlaw/dwab038
      Issue No: Vol. 51, No. 1 (2022)
       
  • Jobs and Homes. Stories of the Law in Lockdown

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      Authors: Kirton-Darling E.
      Pages: 226 - 229
      Abstract: Jobs and Homes. Stories of the Law in Lockdown by RentonDavid [Legal Action Group, 2021, pp. 2161, ISBN 9781913648190]
      PubDate: Tue, 25 Jan 2022 00:00:00 GMT
      DOI: 10.1093/indlaw/dwab041
      Issue No: Vol. 51, No. 1 (2022)
       
  • The Future of the Employment Contract

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      Authors: Collins H.
      Pages: 230 - 234
      Abstract: The Future of the Employment Contract by BrodieDouglas [Cheltenham: Elgar, 2021, 1232 pp., £85, hb ISBN 978178347 967 2]
      PubDate: Thu, 24 Feb 2022 00:00:00 GMT
      DOI: 10.1093/indlaw/dwac001
      Issue No: Vol. 51, No. 1 (2022)
       
  • Stigma and Whistleblowing: Should Punitive Damages be Available in
           Retaliation Cases'

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      Authors: Lewis D.
      Pages: 62 - 83
      Abstract: AbstractThis article uses a range of disciplinary perspectives to examine what is meant by stigma and explains that it is a relational concept. It argues that there has been a shift from attributing social stigma to whistleblowing, to regarding whistleblowing as a form of prosocial behaviour, that is, something which contributes to the well-being of others. This shift is evidenced by the attempts to establish supportive organisational cultures through the introduction of specialist employer policies and procedures, the existence of protective legislation and the coverage of whistleblowing in the media. Although it is questioned why stigma should still attach to whistleblowing, it is acknowledged that those who suffer reprisals may well seek stigma damages. Thus the article traces the common law and statutory origins of stigma awards and discusses the appropriateness of exemplary/punitive damages in the employment field. In the conclusion, it is advocated that Parliament expressly provide for exemplary/punitive damages to be awarded in employment cases. In addition, practical suggestions are made about how a more positive attitude to whistleblowing can be achieved, including a possible role for criminal sanctions. The author asserts that a more punitive approach is justified because whistleblowing is an important aspect of the human right to freedom of expression which must be fully protected in order to ensure the proper functioning of a democratic society.
      PubDate: Mon, 11 Jan 2021 00:00:00 GMT
      DOI: 10.1093/indlaw/dwaa032
      Issue No: Vol. 51, No. 1 (2021)
       
  • Impacts of Digitalisation on Employment Relationships and the Need for
           more Democracy at Work

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      Authors: Pärli K.
      Pages: 84 - 108
      Abstract: AbstractThe world of labour is in transformation due to automation, digitalisation and platform work. Digitalisation is changing the classic relationship between employer and employee; this also affects workers’ participation rights within the company. New forms of work demand very high self-organisation and active commitment on the part of employees to solving process problems and optimising processes. If at the same time management and organisational structures remain largely top-down and employees hardly have any say, this is contradictory. Co-determination is a central component of qualified work. Without the expansion of democratic processes within the company, the opportunities offered by digitalisation will not be fully exploited. Digital processes require cooperation across technical, departmental, and hierarchical boundaries, which must inevitably lead to the democratisation of company decisions. Digitalisation may also act as a catalyst for the dormant debate about “democracy in the workplace”.
      PubDate: Wed, 13 Jan 2021 00:00:00 GMT
      DOI: 10.1093/indlaw/dwaa029
      Issue No: Vol. 51, No. 1 (2021)
       
  • ‘Business Risk-Assumption’ as a Criterion for the Determination of EU
           Employment Status: A Critical Evaluation

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      Authors: Georgiou D.
      Pages: 109 - 137
      Abstract: AbstractIn the European legal order, the criterion of ‘business risk-assumption’ is increasingly being used by the ECJ as an element that would point to the existence of an independent working relationship. To what type of risks is the Court referring to' What are the normative underpinnings of this criterion and is it still effective in classifying modern-day workers' This paper responds to these questions by analysing and critically evaluating the use of ‘business risk-assumption’ as a criterion for the determination of EU employment status. More precisely, in section 2, I revisit the classical paradigm that led to the adoption of this criterion and demonstrate how it has been superseded by recent changes in market structures. In section 3, I show why employment status cannot just be left up to the parties and advocate for the need for an alternative ‘risk’-based criterion that would mitigate the deficiencies of the current framework, precipitating the fair mutualisation of risks between the parties. Finally, in section 4, I present and critically evaluate alternative ‘risk’-related criteria that have been proposed in the literature. After analysing the advantages and disadvantages of each approach, I argue in favour of a classification criterion based on the ‘involuntary assumption of risks’ measured by the ‘inability of a person to spread his risks’. If adopted, the proffered criterion would lead to the expansion of the EU nomen juris of ‘worker’, allowing for the protection of vulnerable quasi-subordinate persons that are excluded from the current EU ‘worker’ definition.
      PubDate: Wed, 20 Jan 2021 00:00:00 GMT
      DOI: 10.1093/indlaw/dwaa031
      Issue No: Vol. 51, No. 1 (2021)
       
  • Posting Highly Mobile Workers: Between Labour Law Territoriality and
           Supply Chains of Logistics Work—A Critical Reading of Dobersberger

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      Authors: Iossa A.
      Pages: 138 - 165
      PubDate: Mon, 17 May 2021 00:00:00 GMT
      DOI: 10.1093/indlaw/dwab009
      Issue No: Vol. 51, No. 1 (2021)
       
  • Inching Forward: Preliminary Victory for Equal Value at Tesco and Asda

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      Authors: Fredman S.
      Pages: 166 - 173
      Abstract: In the space of only a few months, both the UK Supreme Court11 and the CJEU22 have produced judgements in favour of women claiming equal pay for equal work. These are certainly important victories. However, both cases only concern preliminary points, and while they smooth the way through the gateway for the thousands of women applicants, the road to achieving their right to equal pay is still long and arduous.
      PubDate: Sat, 27 Nov 2021 00:00:00 GMT
      DOI: 10.1093/indlaw/dwab033
      Issue No: Vol. 51, No. 1 (2021)
       
  • No Turning Back from Social Europe: A New Interpretation of the
           Refurbished Posted Workers Directive in Hungary and Poland

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      Authors: Lasek-Markey M.
      Pages: 194 - 218
      Abstract: Irish Research Council10.13039/50110000208115954
      PubDate: Fri, 22 Oct 2021 00:00:00 GMT
      DOI: 10.1093/indlaw/dwab031
      Issue No: Vol. 51, No. 1 (2021)
       
  • Labour Rights and the Catholic Church – The International Labour
           Organisation, the Holy See and Catholic Social Teaching

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      Authors: Bell M.
      Pages: 219 - 222
      Abstract: Labour Rights and the Catholic Church – The International Labour Organisation, the Holy See and Catholic Social Teaching by BeckettPaul [Abingdon: Routledge, 2021, pp xii + 2811, ISBN 978 0 367 55633 4]
      PubDate: Wed, 06 Oct 2021 00:00:00 GMT
      DOI: 10.1093/indlaw/dwab021
      Issue No: Vol. 51, No. 1 (2021)
       
  • Legal Expertise: A Critical Resource for Trade Unionists' Insights
           into the Confédération Française Démocratique du Travail

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      Authors: Guillaume C.
      Pages: 38 - 61
      Abstract: AbstractBased on in-depth qualitative research conducted in one of the major French trade unions (the CFDT), this article explores to what extent and under what conditions trade unions adopt different legal practices to further their members’ interests. In particular, it investigates how ‘legal framing’ has taken an increasingly pervasive place in trade union work, in increasingly decentralised industrial relations contexts, such as France. This article therefore argues that the use of the law has become a multifaceted and embedded repertoire of action for the CFDT in its attempt to consolidate its institutional power through various strategies, including collective redress and the use of legal expertise in collective bargaining and representation work.
      PubDate: Sat, 31 Oct 2020 00:00:00 GMT
      DOI: 10.1093/indlaw/dwaa025
      Issue No: Vol. 51, No. 1 (2020)
       
 
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